MEMORANDUM OPINION AND ORDER DENYING PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT, GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT, DENYING DEFENDANT'S MOTION TO STRIKE, DENYING MOTIONS IN LIMINE AND APPROVING THE PARTIES' JOINT STIPULATION OF DISMISSAL FREDERICK P. STAMP, JR., District Judge. I. Procedural History The plaintiffs, Dewey and Gay Teel, commenced this civil action in the Circuit Court for Wetzel County, West Virginia based on...
MEMORANDUM OPINION AND ORDER ADOPTING REPORTS AND RECOMMENDATIONS IRENE M. KEELEY, District Judge. Before the Court are the defendant's two motions to suppress a firearm recovered during a search of his residence. (Dkt. Nos. 20 & 21). At a hearing on October 9, 2012, the Court heard oral argument on the motions, after which, for the reasons that follow, it ADOPTED the magistrate judge's Reports and Recommendations in their entirety (dkt. nos. 33 & 35), DENIED the first motion to suppress...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION TO REMAND JOHN PRESTON BAILEY, CHIEF JUDGE. Pending before this Court is Plaintiffs' Motion to Remand [Doc. 8], filed on August 21, 2012. Defendant Quicken Loans, Inc., filed its Response in Opposition to Plaintiffs' Motion to Remand [Doc. 11] on September 4, 2012. On the same day, defendant Richard Hyett filed his Response to Motion to Remand [Doc. 12]. Defendants Dewey V. Guida and Appraisals Unlimited, Inc., filed their Response to...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT [DKT. NO. 11] IRENE M. KEELEY, District Judge. On November 3, 2011, the plaintiff, State Auto Property and Casualty Insurance Co. ("State Auto"), filed a Motion for Summary Judgment seeking a declaration that it has no duty to defend or indemnify the defendants, David Wohlfeil ("Wohlfeil") and Metropolitan Citi Grill, LLC ("Metropolitan"), in a state court action filed by Fawna Brown ("Brown"). For the reasons...
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' FIRST MOTION TO DISMISS [DKT. NO. 42], DENYING DEFENDANTS' SECOND MOTION TO DISMISS [DKT. NO. 56], AND SCHEDULING A SCHEDULING CONFERENCE IRENE M. KEELEY, District Judge. On January 30, 2012, the defendants, Cheryl Carter-Shotts ("Carter-Shotts"), Americans for African Adoption, Inc. ("AFAA, Inc."), and its Board of Directors ("the Board") (collectively, "AFAA"), filed a Motion to Dismiss pursuant to Fed. R.Civ.P....
MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR SEPARATE TRIALS OF THE CLAIMS IN THE THIRD AMENDED COMPLAINT AND THE COUNTERCLAIMS FREDERICK P. STAMP, Jr., District Judge. I. Background 1 On October 19, 2011, the plaintiff in the above-styled civil action filed a third amended complaint against Robert N. Peirce, Jr., Louis A. Raimond, Mark T. Coulter (collectively, the "lawyer defendants"), and Ray Harron, M.D. The third amended complaint alleges that the lawyer defendants...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY, District Judge. On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation of United States Magistrate Judge David J. Joel [Doc. 52]. By Local Rule, this action was referred to Magistrate Judge Joel for submission of a report and a recommendation ("R&R"). Magistrate Judge Joel filed his R&R on July 17, 2012 [Doc. 52]. In that filing, the magistrate judge recommends that this...
REPORT AND RECOMMENDATION DAVID J. JOEL, Magistrate Judge. I. Procedural History On February 14, 2011, the pro se plaintiff filed a civil rights complaint against the above-named defendants. On February 23, 2011, Plaintiff was granted leave to proceed in forma pauperis. On preliminary review of the file, the undersigned determined that summary dismissal was not appropriate at that time and directed the United States Marshal Service to serve the Complaint. On October 17, 2011, the...
MEMORANDUM OPINION AND ORDER DENYING REMAND AND COMPELLING ARBITRATION GINA M. GROH, District Judge. Pending before this Court are plaintiff Ruth May's Motion to Remand [Doc. 7], filed June 4, 2012; defendant Nationstar Mortgage, LLC,'s Motion to Compel Arbitration [Doc. 13], filed June 26, 2012; and defendant Theo L. Chambers' Motion to Dismiss [Doc. 17], filed June 28, 2012. These motions have since been fully briefed and are now ripe for decision. Having reviewed the record and considered...
ORDER GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT JOHN PRESTON BAILEY, District Judge. On this day, the above-styled civil action came before this Court upon consideration of Plaintiff City National Bank of West Virginia's Motion for Summary Judgment [Doc. 9], filed on May 4, 2012. Defendant Rahmi filed his Response in Opposition to the Motion for Summary Judgment [Doc. 11], plaintiff filed its Reply [Doc. 12], and defendant filed his Response to plaintiff's Reply [Doc. 13]. Having been...
MEMORANDUM' OPINION AND ORDER GRANTING DEFENDANTS MOTION FOR SUMMARY JUDGMENT REGARDING ALL REMAINING CLAIMS FOR ALL REMAINING DEFENDANTS [72] DAVID J. JOEL, Magistrate Judge. I. INTRODUCTION On January 20, 2011, pro se Plaintiff Anthony Ezra Wilson ("Plaintiff") filed a Complaint initiating this civil rights action pursuant to 42 U.S.C. 1983. (ECF No. 1 ("Complaint").) In the Complaint, Plaintiff alleges that Defendants used excessive force against him on four separate occasions in...
ORDER ADOPTING REPORT AND RECOMMENDATION IRENE M. KEELEY, District Judge. Before the Court is the defendant James Robert Hurst's ("Hurst") motion to suppress all evidence obtained as a result of a search conducted on August 15, 2011. For the reasons that follow, the Court ADOPTS the Magistrate Judge's Report and Recommendation in its entirety (dkt. no. 29) and DENIES the motion to suppress (dkt. no. 16). I. On May 10, 2012, Hurst filed a motion to suppress all evidence in this case...
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION TO AMEND COMPLAINT TO ASSERT CLASS ACTION FREDERICK P. STAMP, Jr., District Judge. I. Background The plaintiffs commenced this action by filing a complaint in the Circuit Court of Ohio County, West Virginia. The complaint alleges that the plaintiffs entered into oil and gas leases with Talisman Energy USA Inc. ("Talisman" f/k/a Fortuna Energy Inc.) and that Talisman later impermissibly assigned its interest in the plaintiffs' leases...
ORDER ADOPTING REPORT AND RECOMMENDATION/OPINION JOHN PRESTON BAILEY, Chief District Judge. On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation/Opinion on the Defendant's Motion to Suppress [Doc. 30] of United States Magistrate Judge John S. Kaull [Doc. 43]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Kaull for submission of a proposed report and recommendation ("R&R"). Magistrate Judge Kaull...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY, District Judge. On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation ("R&R") of United States Magistrate Judge David J. Joel [Doc. 20], Plaintiff's Objections thereto [Doc. 21], and the Defendant's Response to Plaintiff's Objections [Doc. 23]. Pending before the Court is a Motion for Summary Judgment [Doc. 16] filed by Jack Andrew Webb ("Plaintiff"), along with a Motion for...
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO DISMISS [DKT. NO. 35] AND DENYING AS MOOT MOTION TO STRIKE [DKT. NO. 39] IRENE M. KEELEY, District Judge. Pending before the Court are the defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment and Motion to Strike Plaintiff's Surreply Memorandum. For the reasons discussed below, the Court GRANTS the Motion to Dismiss, DISMISSES the plaintiff's Amended Complaint WITH PREJUDICE, and DENIES AS MOOT the defendants'...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY, District Judge. On this day, the above-styled matter came before the Court for consideration of the Report and Recommendation of United States Magistrate Judge James E. Seibert. By Local Rule, this action was referred to Magistrate Judge Seibert for submission of a proposed report and a recommendation ("R&R"). Magistrate Judge Seibert filed his R&R on June 20, 2012 [Doc. 20]. In that filing, the magistrate judge recommended that...
REPORT AND RECOMMENDATION JAMES E. SEIBERT, Magistrate Judge. I. Factual and Procedural History On March 7, 2012, the pro se petitioner filed this habeas corpus petition pursuant to 28 U.S.C. 2241, along with a motion for in forma pauperis ("IFP") status, a copy of his Prisoner Trust Account Statement, and his filing fee. 1 On March 12, 2012, the undersigned made a preliminary review of the file, determined that summary dismissal was not warranted, and directed the respondent to...
ORDER ADOPTING REPORT AND RECOMMENDATION JOHN PRESTON BAILEY, District Judge. On this day, the above-styled matter came before this Court for consideration of the Report and Recommendation on Plaintiff's Motion for Temporary Restraining Order of the United States Magistrate Judge John S. Kaull [Doc. 82]. Pursuant to this Court's Local Rules, this action was referred to Magistrate Judge Kaull for submission of a proposed report and recommendation ("R&R"). Magistrate Judge Kaull filed his R&R...
ORDER JOHN PRESTON BAILEY, District Judge. On this day, the above-styled matter came before the Court for consideration of the defendant's Motion to Vacate or to Amend Civil Contempt Order [Doc. 1031], filed on June 22, 2012. In support of the motion, counsel for defendant Barton Adams argues that the civil contempt sanction "no longer effectively serves the purpose of coercion and is punitive in nature in violation of due process of law" [ Id. at 6]. On June 26, 2012, the Government filed...
